Lawyer in Almaty on recognizing the refusal of the registering authority to register property rights as illegal
A. appealed to the court to declare the refusal of the registering authority to register property rights illegal. The statement is motivated by the fact that after N.'s death on June 01, 2011, there was an inheritance: a land plot and an apartment building. The deceased's rights belong on the basis of the decision of the District People's Court of April 19, 1963, the act on the right of lifelong inheritable land ownership. The testator has not registered her rights to immovable property in accordance with the established procedure. The notary issued a certificate of inheritance under the law for registration of a residential building with a land plot for the deceased N. However, registration of the right was refused on the basis of paragraphs 1-1, 1-3 of Article 31 of the Law in connection with the submission of documents for registration that do not comply with the requirements of the law in form and content. By a court decision dated June 05, 2012, the refusal of registration was declared illegal and the Khromtau Department of Justice was required to register the rights to immovable property.
In satisfying the applicant's claims, the court proceeded from paragraph 23 of the Supreme Court's regulatory Decision No. 5 of 29 June 2009 "On certain issues of the application of inheritance legislation by courts". By virtue of paragraph 23 above, in the absence of registration of ownership of immovable property at the time of the opening of the inheritance for the testator, the notary has the right to issue to the heir a certificate of the right to register the testator's ownership, if title or identification documents for the property are submitted in the name of the testator. The applicant submitted to the registration authority: a certificate of the right to register the testator's property rights, a court decision on the division of an apartment building between spouses and the award of home ownership to N., an act on the right of lifelong inherited land ownership, a technical passport for an apartment building. The applicant has submitted an old-style land deed for registration, but it has not been replaced with a new one. The old act does not specify the cadastral number, and the coordinates of the land plot have not been entered in the land registry. The court did not reasonably recognize these circumstances as grounds for refusal to register the right.
By virtue of subparagraph 11) of Article 43 of the Land Code (as amended on July 20, 2011), title and identification documents for land plots issued to citizens and legal entities prior to the entry into force of this Code remain legally binding, subject to changes in land rights established by the land legislation of the Republic of Kazakhstan. The replacement of such documents with documents certifying ownership or land use rights to land plots, in accordance with this Code, is carried out at the request of the right holderBy virtue of subparagraph 11) of Article 43 of the Land Code (as amended on July 2011), title and idenention!
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